Attorney-General Graham Leung has stated that FICAC’s Acting Deputy Commissioner, Francis Pulewai, appears to have authorized the arrest and executed actions against the newly appointed Commissioner Barbara Malimali. Speaking to the press, Leung confirmed that Malimali was physically detained.
He emphasized that adherence to the law is fundamental for all public officials, who should use their powers appropriately. Leung pointed out that while FICAC operates independently from the Office of the Attorney-General, it is required to keep the Office informed about its activities periodically. He noted that he is the Minister Responsible for FICAC under Section 115(9) of the Constitution.
In light of recent events, Leung asserted that he has the right to express his views, given the pivotal role of the Attorney-General in upholding the rule of law in Fiji. He provided context by noting that Malimali’s appointment was made by the President, following the advice of the Judicial Services Commission, as mandated by law. Leung argued that due process has been followed appropriately and that Pulewai must acknowledge this appointment.
Leung characterized the actions taken by FICAC this morning, purportedly directed by Pulewai, to arrest Malimali on her first official day as profoundly questionable. He described the move as extreme, asserting that FICAC’s extensive powers can significantly affect citizens’ freedoms and reputations. He cautioned that these powers should be exercised thoughtfully and deliberately, rather than reactively or in situations where FICAC’s motives may be debated.
At this juncture, Malimali holds the position of FICAC Commissioner, complete with the responsibilities and authority of the role. Leung underscored her entitlement to a presumption of innocence, fearing that she may now face a dilemma in making decisions that serve her interests due to the current conflict.
Leung warned that if Pulewai’s actions lead to FICAC making decisions based on improper motivations, Malimali will have no option in that scenario. He indicated that issues regarding potential conflicts of interest, particularly concerning Pulewai, may need to be resolved through the judicial system in the future.
He criticized the situation as an unsightly continuation of outdated laws created for dubious reasons and often enforced questionably. Leung stated that these issues must be urgently addressed by the government and that he is contemplating the most effective way forward. He reminded all public officials of their obligation to act lawfully and uphold the rule of law, urging them not to exploit their legal powers for personal or political agendas.